[Christian]

If your attorney presented your case to a judge with information that was fabricated by the attorney, information that appears no where else in the medical record, with not a single doctor even mentioning it, and then the ALJ quoted it and used it extensively to derail your credibility and it was clear beyond all doubt that the attorney fabricated it without even alerting you to his intent to do so, would that be an ethical violation?

[jana]

Christian, I think a lot of people ARE reading this -- but, like me -- just don't have a CLUE about the answer.

All I can say is that this is NOT "fair". I just don't know whether or not it is "illegal". *sigh*

[Christian]

Originally Posted by jana

Christian, I think a lot of people ARE reading this -- but, like me -- just don't have a CLUE about the answer.

All I can say is that this is NOT "fair". I just don't know whether or not it is "illegal". *sigh*

I don't believe "ethical lapses" are necessarily illegal per se, just unethical, and in this instance deeply damaging to the clients credibility. I'm curious as to whether the Lawyers board of professional responsibility would even concern themselves with such an incident?
On the topic of illegality, if a prospective employer (like the ALJ in my hearing did)were to turn down your application (for a job) by stating your progression through the work comp system made you untrustworthy, and had damaged your credibility, well they would be guilty of a crime under the retaliation statutes of workers compensation law!
Apparently SSA ALJs are immune to such trivialities...

[legalmania]

Originally Posted by Christian

I don't believe "ethical lapses" are necessarily illegal per se, just unethical, and in this instance deeply damaging to the clients credibility. I'm curious as to whether the Lawyers board of professional responsibility would even concern themselves with such an incident?
On the topic of illegality, if a prospective employer (like the ALJ in my hearing did)were to turn down your application (for a job) by stating your progression through the work comp system made you untrustworthy, and had damaged your credibility, well they would be guilty of a crime under the retaliation statutes of workers compensation law!
Apparently SSA ALJs are immune to such trivialities...

Did you by any chance have a court reporter there? An attorney has a duty to his client and damaging their credibility is unethical.Unless you were a defendant in a criminal case. Let me do some research and I'll get back to you.

[Christian]

Originally Posted by legalmania

Did you by any chance have a court reporter there? An attorney has a duty to his client and damaging their credibility is unethical.Unless you were a defendant in a criminal case. Let me do some research and I'll get back to you.

Oh yes, there was a court reporter, I also have the decision itself which exploits the inconsistency around the purported claim that the SSA attorney used to discredit me and my doctors!

[legalmania]

Originally Posted by Christian

Oh yes, there was a court reporter, I also have the decision itself which exploits the inconsistency around the purported claim that the SSA attorney used to discredit me and my doctors!

That's good let me look up some code of conduct, I'll get back to you. I'm not sure if SSA judges have sovereign immunity, or how it applies to them.

[legalmania]

Christian, here is the start to their rules of conduct:

http://www.ssa.gov/representation/conduct_standards.htm

http://www.ssa.gov/OP_Home/cfr20/404/404-1740.htm
Read #1 and continue on down. Good luck.

[SSDIHelp]

Originally Posted by Christian

If your attorney presented your case to a judge with information that was fabricated by the attorney, information that appears no where else in the medical record, with not a single doctor even mentioning it, and then the ALJ quoted it and used it extensively to derail your credibility and it was clear beyond all doubt that the attorney fabricated it without even alerting you to his intent to do so, would that be an ethical violation?

I think the first thing I would do is notify the judge after checking codes of conduct legalmania suggested, letting them know that the specific argument the judge opposed was fabricated and unauthorized by you and ask if the case could be re-heard. Secondly I would find out the certifiying body in your state for lawyers and write a complaint agaist him. Thirdly I would dismiss your lawyer citing the specific reasons about his fabrication, he breached his contract an you owe him nothing, fire him and find yourself a new attornry..
Since this was an ALJ, I would immediately file a second application. There's an article on my website on how to do that ** under tips and techniques. This gives your an opportunity to include data that may not have been included in your first application, particularly medical records. I suggest you consider buying the book on the website that gives you specific techniques on how to answer each question, how to avoid common pitfals and techniques for writing a successful application.
My heart goes go to you and good luck. Taking the above actions will take some of the sting ot of what happened.

[Christian]

Contacted another attorney, was told that yes, it was an ethical violation, a serious one, unfortuneately you'd have to be able to prove that it was the reason why your case was denied which is virtually impossible in this instance in which an SSA attorney(ALJ) used multiple points to discredit my case, including two longtime treating physicians, one of whom was a neurologist!
So even though the attorney fabricated evidence(symptoms & illness)you would have to demonstrate conclusively that in doing so he destroyed your overall credibility to the extent that you had been left with none at all!
By the way, I cannot file a new claim, my insured status came to an end last year, I'm totally SOL....

[legalmania]

Originally Posted by Christian

Contacted another attorney, was told that yes, it was an ethical violation, a serious one, unfortuneately you'd have to be able to prove that it was the reason why your case was denied which is virtually impossible in this instance in which an SSA attorney(ALJ) used multiple points to discredit my case, including two longtime treating physicians, one of whom was a neurologist!
So even though the attorney fabricated evidence(symptoms & illness)you would have to demonstrate conclusively that in doing so he destroyed your overall credibility to the extent that you had been left with none at all!
By the way, I cannot file a new claim, my insured status came to an end last year, I'm totally SOL....

Christian can't you use that as new evidence in your appeal? You do have it in writing, so why not submit it to the Appeals Council? Is this new attorney willing to take it to the next level. What are you going to do you can't use your arms, how are you suppose to bring in income?